Pavic & Pavic
Case
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[2018] FCCA 3386
•13 November 2018
Details
AGLC
Case
Decision Date
Pavic & Pavic [2018] FCCA 3386
[2018] FCCA 3386
13 November 2018
CaseChat Overview and Summary
In the matter of *Pavic & Pavic*, heard by Judge Harman, the dispute concerned the registration of an arbitration award made on 22 August 2018. The wife had objected to the registration of this award.
The court was required to determine whether the arbitration award should be registered as a decree of the Federal Circuit Court of Australia, notwithstanding the wife's objections. Further, the court needed to consider the appropriate disposition of costs related to the objection and review of the award, as well as the costs of the arbitration itself.
Judge Harman ordered that the arbitration award be registered as if it were a decree of the Federal Circuit Court. All outstanding applications and responses were withdrawn and dismissed. The wife was ordered to pay the husband's costs of and incidental to the objection to registration and/or review of the award, fixed at $5,000, to be paid within 42 days. The court further declared that the costs of the arbitration itself were to be determined by the arbitrator, as they formed a portion of the dispute or a necessary ancillary issue arising from the referral of the entirety of the Part VIII proceedings.
The court was required to determine whether the arbitration award should be registered as a decree of the Federal Circuit Court of Australia, notwithstanding the wife's objections. Further, the court needed to consider the appropriate disposition of costs related to the objection and review of the award, as well as the costs of the arbitration itself.
Judge Harman ordered that the arbitration award be registered as if it were a decree of the Federal Circuit Court. All outstanding applications and responses were withdrawn and dismissed. The wife was ordered to pay the husband's costs of and incidental to the objection to registration and/or review of the award, fixed at $5,000, to be paid within 42 days. The court further declared that the costs of the arbitration itself were to be determined by the arbitrator, as they formed a portion of the dispute or a necessary ancillary issue arising from the referral of the entirety of the Part VIII proceedings.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Jurisdiction
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Remedies
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Statutory Construction
Actions
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Citations
Pavic & Pavic [2018] FCCA 3386
Most Recent Citation
Paviello & Paviello [2022] FedCFamC1F 592
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